JUDGMENT OF THE COURT
1. The appellants, according to their amended plaint filed in Nairobi HCCC No. 464 of 1999 on 24th June 2002, are month to month tenants occupying 4th to 16th floors of the respondent’s building in the city centre known as City Hall Annexe. They claimed in that case that it is a term of their respective tenancies that the respondent will supply water and electricity to the premises and service the lifts serving the premises. In breach of that term, from 7th December 1998 the respondent failed to supply water into the premises and also failed to settle electricity and lift maintenance bills. As a result electricity supply to the premises was disconnected thereby plunging the building, especially the corridors and staircase, into complete darkness and the company maintaining the lifts withdrew its services rendering the floors the appellants occupy inaccessible. They therefore prayed for damages for loss of business and an order directing the respondent to settle th…